Court Appearances and Canadian Legal Terms

[cansleuther]

Defence counsel Faisal Mirza is acting as Millard's lawyer on a specific matter pertaining to the case, but hasn't been retained as his lawyer for the duration of the trial.

http://www.cbc.ca/news/canada/hamilton/news/tim-bosma-case-cbc-and-other-media-win-right-to-attend-pre-trial-hearings-1.3023147

 

[Alethea Dice]

Looking at the services page, DM picked or was appointed the right lawyer. DM seems to fits into at least half of the services MK offers. :rockon:

Was RP in court today also? He also does legal aid. Maybe we'll see DP go bye bye once this new lawyer is brought up to speed? :dunno: MOO.

http://www.mirzakwok.com/services/

Ravin Pillay
Business Categories
Lawyers and Attorneys in Toronto, ON
General practice attorney, lawyer
Legal Services, Nsk

http://www.manta.com/ic/mtqpyb8/ca/pillay-ravin-barrister-solicitor

Really? I had no idea that DM was also charged with assault, tax evasion, dangerous driving, drinking and driving, computer crime, break and enter, drugs, etc. Can you please provide some links? TIA

I'm also not sure why you keep posting about legal services. There are few lawyers who will not do legal aid, especially in such a large case as this. It's also unlikely that legal aid would pay two different defense attorneys for one accused. And finally, "Nsk" simply stands for "not specified by kind", has nothing to do with legal aid.

 

[matou]

So I'm gonna guess that the defense wanted everything to be in-camera? JMO

 

[matou]

From earlier today:

Susan Clairmont @susanclairmont · 8h 8 hours ago
Lawyer for Millard is asking this hearing be held in camera. We thought this might happen.

 

[matou]

Susan Clairmont @susanclairmont · 8h 8 hours ago
I'm in court now. Thomas Dungey, lawyer for Mark Smich is here. So is Ravin Pillay, co-counsel for Dellen Millard. #HamOnt #Bosma

Susan Clairmont @susanclairmont · 8h 8 hours ago
Media lawyers Brian Rogers and Ian MacKinnon have arrived. Dungey jokes that they should sit in the prisoner's box. Crowded here

Susan Clairmont @susanclairmont · 8h 8 hours ago
Detectives Matt Kavanagh and Greg Rodzoniak are here. Also Crown Brett Moodie. There are 3 Crowns on the #Bosma case.

Susan Clairmont @susanclairmont · 8h 8 hours ago
Lead Crown Tony Leitch is here now. All these lawyers know each other from other cases

Susan Clairmont @susanclairmont · 8h 8 hours ago
No members of the #Bosma family are here. Some, including his widow Sharlene, would likely be excluded because they will be witnesses.

Susan Clairmont @susanclairmont · 8h 8 hours ago
So many lawyers in the courtroom that special constables have had to tell them not to block path prisoners Millard and Smich will take.

 

[swedie]

Matou, seems it is the defense who wants no media, no public. I read somewhere (Twitter) days ago where a media rep claimed it was a request by defense but cannot find it now. MOO.

Adam Carter @AdamCarterCBC · 8h 8 hours ago
Millard's lawyer now arguing past case law as justification for going in camera. #hamont #sc

Adam Carter @AdamCarterCBC · 8h 8 hours ago
Millards lawyer says he wants this in private because of a "solicitor-client" issue. #HamOnt #sc

Adam Carter @AdamCarterCBC · 8h 8 hours ago
Mirza wants future pretrial motions in private as well. Judge has not laid down such an order. #HamOnt

 

[matou]

Yep:

Adam Carter @AdamCarterCBC · 6h 6 hours ago
Courtroom going in camera again shortly to deal with another "sensitive issue" that may deal with solicitor-client privilege

 

[swedie]

Really? I had no idea that DM was also charged with assault, tax evasion, dangerous driving, drinking and driving, computer crime, break and enter, drugs, etc. Can you please provide some links? TIA

I'm also not sure why you keep posting about legal services. There are few lawyers who will not do legal aid, especially in such a large case as this. It's also unlikely that legal aid would pay two different defense attorneys for one accused. And finally, "Nsk" simply stands for "not specified by kind", has nothing to do with legal aid.

I said...DM seems to fits into at least half of the services MK offers. I count a possibility of nine.
Bail, assault, internet/computer crimes, guns, murder, drugs, fraud, theft and crimes of dishonesty...no?
Well it seems bail is off the table now. I guess well have to see what other services MK offers come into play during trial.

Legal aid may be needed by DM if he's has no money or has ran out of funds to pay his defense. Unless you know otherwise and can clarify for me, I do believe it may be of interest to taxpayers. Do you know if MS is receiving legal aid? TIA and MOO.

 

[matou]

[h=1]Judge allows public to attend Bosma pretrial hearings after challenge by media lawyers[/h]by Susan Clairmont

.....

At the time, Glithero would not give any indication what the proceeding was about. He made a further order that no transcript of the in camera session could be produced or distributed and he left lawyers and the media with the impression that upcoming pretrial hearing dates may also be in camera.


After hearing arguments from media lawyers Brian Rogers and Ian MacKinnon, Glithero has overturned his initial ruling, allowing the media to have transcripts of that February session. And he said the public will be allowed to attend the next court dates on April 30, May 1 and Sept. 28.


But there's a rather big catch. All of that — retroactive to the February court date — is now under a publication ban that prevents the media from reporting on any of it. Not even the legal arguments about the publication ban can be written about until after the entire murder trial is over. The trial is now scheduled to start in January 2016.

........

http://www.therecord.com/news-story...al-hearings-after-challenge-by-media-lawyers/

 

[matou]

Also, Glithero has warned that if the future pretrial motions stray into an area that needs to be protected from the public, the public will again be ordered out of the courtroom.

What is the issue that may need protection?


Outside the courtroom, lawyer Faizal Mirza, who is acting for Millard, said it involves "solicitor/client privilege."


Mirza was hired specifically to deal with the media issues in this case.


Millard's expected trial lawyer — Deepak Paradkar — was not in court. There have been ongoing problems with Paradkar not yet being properly retained by Millard.

http://www.therecord.com/news-story...al-hearings-after-challenge-by-media-lawyers/

 

[matou]

Millard and Smich were both in the courtroom, sitting as far from each other as possible in the prisoners' box.

http://www.therecord.com/news-story/5544701-judge-allows-public-to-attend-bosma-pretrial-hearings-after-challenge-by-media-lawyers/

 

[matou]

Brian Rogers, the lawyer representing CHCH and The Hamilton Spectator says “what’s at issue is a matter of solicitor-client privilege. That’s at the heart of what these motions are about.”

What that means is anything discussed between a lawyer and his client, they don’t want revealed in open court.

http://www.chch.com/judge-quashes-ban-on-media-public-at-bosma-pre-trial-proceeding/

 

[cansleuther]

Millard stands a full head taller than Smich in the prisoners' box.

https://twitter.com/susanclairmont/status/585488794452893696

Stand up straight MS, you're only 3-5 inches shorter...must be the weight of the world on his shoulders... http://www.huffingtonpost.ca/2013/05/10/tim-bosma-missing-persons_n_3254021.html

Apparently he was. Well, sitting, at least.

Smich, on the other hand, looked far healthier than at the time of his arrest. He has put on weight and has colour in his face. As always, he sat ramrod straight with eyes forward.

http://www.therecord.com/news-story/5544701-judge-allows-public-to-attend-bosma-pretrial-hearings-after-challenge-by-media-lawyers/

 

[Sillybilly]

Also, Glithero has warned that if the future pretrial motions stray into an area that needs to be protected from the public, the public will again be ordered out of the courtroom.

What is the issue that may need protection?


Outside the courtroom, lawyer Faizal Mirza, who is acting for Millard, said it involves "solicitor/client privilege."


Mirza was hired specifically to deal with the media issues in this case.


Millard's expected trial lawyer — Deepak Paradkar — was not in court. There have been ongoing problems with Paradkar not yet being properly retained by Millard.

http://www.therecord.com/news-story...al-hearings-after-challenge-by-media-lawyers/

Isn't Mirza's statement re "solicitor/client privilege" itself a violation of the PB? The public is not supposed to know what any of these meetings are about, yet this gives a general hint at what the issue is.

 

[SnooperDuper]

Millard, a full head taller than his co-accused, looked thin and sickly compared to when he was arrested nearly two years ago. His hair is now shoulder length and scraggly and he has a moustache and soul patch.

http://www.therecord.com/news-story...al-hearings-after-challenge-by-media-lawyers/

He looked emaciated, ungroomed and tired in court today, but still made eye contact and smiled at reporters and police officers in the body of the court. Smich looked clean-cut and did not address anyone but his lawyer.

http://www.chch.com/judge-quashes-ban-on-media-public-at-bosma-pre-trial-proceeding/

 

[swedie]

Defence counsel Faisal Mirza is acting as Millard's lawyer on a specific matter pertaining to the case, but hasn't been retained as his lawyer for the duration of the trial. He argued that the public should be barred from these hearings, and told CBC Hamilton outside of the court that it's a matter of solicitor-client privilege.

"Ideally, counsel are mindful of the freedom of the press and we want to accommodate that as well," Mirza said. "Believe it or not, defence lawyers as well want to make sure that the public is properly informed of the case so nobody pre-judges things — especially during the jury selection process."

"We have a legal obligation — not just to our client, but also to the profession and the court, so it's important this got raised."

http://www.cbc.ca/news/canada/hamil...-right-to-attend-pre-trial-hearings-1.3023147

 

[swedie]

MacKinnon also said he was baffled by Glithero's move to place a publication ban on Tuesday's proceedings. "It's ridiculous that there was a publication ban on today," he said. "It had nothing to do with evidence in the case."

http://www.cbc.ca/news/canada/hamil...-right-to-attend-pre-trial-hearings-1.3023147

 

[Carli]

If you ask me it's probably 'sound and fury signifying nothing' of much significance. Probably has to do with conflict in DP's representation of MWJ in the gun peddling charge. Something about how defense in one might jeopardize or compromise defense position in the other. That's my take anyway. MOO. I think DP and co have been dancing around this issue for quite awhile and probably has everything to do with why DP is not yet "on the record" as representing DM. Kudos to the Crown, if you've tossed your hat into their corner of the ring, for putting the gun peddling charges on the table when they did. Well played. IMO. Score one for their side. (And goodness knows, with the numerous very contentious issues Hamilton LE has been dealing with over the past few years, a little win now and then, however insignificant, is doubtlessly encouraging for this beleagured outfit.) IMO. MOO. IMHO. etc

 

[hopingforjustice]

Just throwing this out there.... Would lack of payment negate client privilege? Would it be possible that DP perhaps could be called as a witness if payment was not paid? Not sure on legalities of this...Asking the question...
Could this be the conflict that is being questioned by the defense?

JMO MOO

 

[Carli]

Just throwing this out there.... Would lack of payment negate client privilege? Would it be possible that DP perhaps could be called as a witness if payment was not paid? Not sure on legalities of this...Asking the question...
Could this be the conflict that is being questioned by the defense?

JMO MOO

No...

Later: Well, maybe I was a bit hasty with that reply. Turns out things aren't that simple....
http://www.canadianlawyermag.com/4162/Solicitors-accounts-and-privilege-—-the-latest-word.html